State of South Dakota
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EIGHTY-SIXTH SESSION LEGISLATIVE ASSEMBLY, 2011 |
382S0604 | HOUSE BILL NO. 1180 |
Introduced by: Representatives Willadsen, Conzet, Fargen, Gosch, Haggar, Hansen (Jon),
Hickey, Hubbel, Lust, Moser, Nelson (Stace), Novstrup (David), Sly, Steele,
Street, and Wick and Senators Cutler, Buhl, Peters, Schlekeway, and Sutton
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 11-3-2 be amended to read as follows:
11-3-2.
Section 2. That § 21-40-6 be amended to read as follows:
21-40-6. Upon the trial of an action under this chapter, the court shall make its judgment locating and defining the boundary lines involved by reference to well-known, permanent landmarks, if any there be, or if none, then to such landmarks as may be placed or established
for that purpose by the surveyor engaged in such work, and if it shall be deemed for the interest
of the parties after the entry of judgment, the court may order a competent registered land
surveyor to establish and mark such boundaries by means of a stone or concrete block
containing at least one cubic foot and planted in the earth at least eighteen inches deep from the
top thereof at the corners or boundaries of such lands, or if it is impossible or impracticable to
place the same at the true and exact points where the same would otherwise be placed, then at
the next nearest convenient point thereto with the course and distance from the true and exact
point plainly marked thereon, and in accordance with the order or judgment and from which
future surveys of the land and boundaries embraced therein and adjoining lands and boundaries
shall be made. Such landmarks so established, located, and planted placed in the earth shall have
distinctly cut and marked thereon the words, judicial landmark or J. L., with the date that it was
so placed and the name or initial letters of the name and the registration number of the surveyor
who placed the same landmark.
Section 3. That § 43-18-10 be repealed.
43-18-10. All necessary chainmen and other assistants must be paid for their services by the
person for whom the survey is made, unless otherwise specially agreed.